No. 2/1944:

CHILDREN'S ALLOWANCES ACT, 1944

ARRANGEMENT OF SECTIONS

1 Definitions generally.

2 Regions, appointed day, payment periods for regions and qualifying dates in relation to payment period.

3 Children's allowance.

4 Establishment of panel of referees.

5 Investigation officer.

6 Duties and powers of investigation officers.

7 Deciding officers.

8 Claims for children's allowances and appeals.

9 Revision of awards and decisions.

10 Powers of referees to take evidence on oath.

11 Repayment of children's allowances overpaid.

12 Penalty for false statements.

13 Birth certificates.

14 Exclusion of children's allowances in assessment of damages under the Fatal Accidents Acts and compensation under the Workmen's Compensation Acts.

15 Exclusion of children's allowances in reckoning means, etc.

16 Children's allowances to be inalienable.

17 Application of Pension Books (Prohibition of Alienation) Act, 1932.

18 Time limit for obtaining payments on account of children's allowances.

19 Power to remove difficulties.

20 Regulations.

21 Administrative expenses.

22 Short title.

AN ACT TO MAKE PROVISION FOR THE PAYMENT OF ALLOWANCES IN RESPECT OF CHILDREN AND TO PROVIDE FOR OTHER MATTERS CONNECTED THEREWITH.

[23rd February, 1944.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act—

the expression "allowance book" means any document issued by the Minister to a person and upon the delivery or production or in respect of the possession of which by such person on or after a date indicated expressly or by implication in such document any children's allowance is payable to such person;

the expression "the appointed day" means the day appointed by the order to be made under sub-section (1) of section 2 of this Act, to be the appointed day for the purposes of this Act;

the word "child" means a person under the age of sixteen years;

the expression "children's allowance" means an allowance under section 3 of this Act;

the expression "deciding officer" means a deciding officer appointed under section 7 of this Act;

the expression "the first payment period", in relation to a region, means the period fixed, by the order to be made under sub-section (1) of section 2 of this Act, as the first payment period for that region;

the expression "investigation officer" means an investigation officer appointed under section 5 of this Act;

the expression "the Minister" means the Minister for Industry and Commerce;

the expression "payment period", in relation to a region, means a period which is by virtue of sub-section (2) of section 2 of this Act a payment period for that region;

the word "prescribed" means prescribed by regulations made by the Minister under this Act;

the expression "the qualifying date", in relation to the payment period for a region, means the date which is, by virtue of subsection (2) of section 2 of this Act, the qualifying date in relation to that payment period;

the word "region" means an area which is declared, by the order to be made under sub-section (1) of section 2 of this Act, to be a region for the purposes of this Act.

2.—(1) The Minister shall, as soon as conveniently may be after the passing of this Act, by order do the following things—

( a ) group the State into such and so many areas as he thinks fit and declare each such area to be a region for the purposes of this Act,

( b ) appoint a day to be the appointed day for the purposes of this Act,

( c ) fix the period (which shall commence on the appointed day) which is to be the first payment period for each region,

and in making the order the Minister may fix first payment periods of different durations for different regions.

(2) For the purposes of this Act—

( a ) each of the following periods shall be a payment period for a particular region—

(i) the first payment period for that region,

(ii) each successive period of twenty-six weeks after the said first payment period;

( b ) the qualifying date in relation to each payment period for a region shall be such date preceding the said payment period as may be prescribed.

3.—(1) Where a person—

( a ) was, on the qualifying date in relation to a payment period for a particular region, resident in that region, and

( b ) either is an Irish citizen or was, for the two years immediately preceding the said qualifying date, resident in the State, and

( c ) was maintaining, on the said qualifying date, three or more children who are qualified children on the said qualifying date, and

( d ) has, within the prescribed time and in the prescribed manner, applied for the payment during the said payment period of a children's allowance,

then, subject to this section, the following provisions shall have effect, that is to say—

(i) such person, upon complying with the prescribed conditions as to identification, shall, during the said payment period, be paid, out of moneys provided by the Oireachtas, a weekly allowance calculated at the rate of two shillings and six pence for each such qualified child in excess of two,

(ii) the right of such person to payment of such children's allowance during the said payment period shall, for the purposes of this section, be deemed to have accrued on the said qualifying date and shall not be affected by reason of any of such children, after the said qualifying date, dying, attaining the age of sixteen years or ceasing to possess any one or more of the qualifications by virtue of which he was a qualified child on the said qualifying date.

(2) Where a person, who is entitled to be paid a children's allowance during a payment period for a region, changes his residence from that region (in this sub-section referred to as the former region) to another region, the following provisions shall have effect—

( a ) for the purposes of this sub-section—

the word "current", in relation to a payment period for a region, means the payment period' for that region during which the change of residence took place.

the word "next", in relation to a payment period for a region, means the payment period for that region next following the current payment period for that region,

the expression "the purposes of the residential condition " means the purposes of paragraph (a) of subsection (1) of this section,

the expression "the prescribed conditions in relation to notification of change of residence" means such conditions in relation to notification of change of residence and surrender of allowance book as may be prescribed;

( b ) In case the change of residence took place before the appointed day, the following provisions shall have effect—

(i) such person shall, for the purposes of the residential condition, be deemed not to have been resident in the former region on the qualifying date in relation to the first payment period for the former region,

(ii) if such person complies with the prescribed conditions in relation to notification of change of residence, he shall, for the purposes of the residential condition, be deemed to have been resident in the new region on the qualifying date in relation to the first payment period for the new region;

( c ) in case the change of residence took place on or after the appointed day, the following provisions shall have effect, that is to say—

(i) if such person complies with the prescribed conditions in relation to notification of change of residence, he shall continue after the change of residence to be entitled to payment during the current payment period for the former region of the said children's allowance, but shall not so continue unless and until he has so complied,

(ii) if such person was at the date of change of residence entitled to payment of a children's allowance during the next payment period for the former region, he shall cease to be so entitled,

(iii) if such person complies with the prescribed conditions in relation to notification of change of residence, he shall, for the purposes of the residential condition, be deemed to have been resident in the new region on the qualifying date in relation to the current payment period for the new region and, if not resident in the new region on the qualifying date in relation to the next payment period for the new region, to have been so resident, but the children's allowance (if any) payable to him during the current or the next payment period for the new region shall not be payable during any week which falls within any payment period for the former region.

(3) For the purposes of this section—

( a ) subject to paragraph (b) of this sub-section, a child shall be regarded as being maintained by the person mentioned in whichever of the following subparagraphs is applicable—

(i) where the child normally resides with his father, the father,

(ii) where the child normally resides with his step-father, the step-father,

(iii) where the child normally resides with his mother, who is a widow or is living apart from her husband, the mother,

(iv) where the child normally resides with his stepmother, who is a widow or is living apart from her husband, the step-mother,

(v) where the child is being educated at a boarding school or is boarded out for the sole purpose of attending school, the person with whom he would otherwise normally reside,

(vi) where the child is an inmate of a hospital, the person with whom he would otherwise normally reside,

(vii) where the child is an inmate of an institution (other than a hospital) and would otherwise normally reside with a person who contributes towards the cost of his maintenance in the institution, that person,

(viii) in any case to which none of the foregoing subparagraphs is applicable, the head of a household of which the child is normally a resident member,

and the child shall be deemed not to be maintained by any other person;

( b ) in any case to which any two of subparagraphs (i) to (iv) of paragraph (a) of this sub-section are applicable, the child shall be regarded as being maintained by the person mentioned in the first in order of the applicable subparagraphs and shall be deemed not to be maintained by any other person;

( c ) a child shall be a qualified child on the qualifying date in relation to a payment period for a region if, but only if, on the said qualifying date, the child—

(i) was alive, and

(ii) was ordinarily resident in the State, and

(iii) was not detained in a reformatory or an industrial school, and

(iv) was not permanently resident in any institution, the costs of his maintenance wherein are wholly defrayed by the governing body of that institution, or out of moneys provided by the Oireachtas, or out of the funds of a local authority, or are wholly defrayed in any two or more of such ways.

(4) Where a person, who is entitled to a children's allowance during a payment period for a region, dies after the qualifying date in relation to that payment period, the Minister may, if he thinks fit, direct that the said children's allowance or any part thereof shall during the said payment period or any part thereof be paid to such person as he thinks fit.

(5) Where a person who is entitled to a children's allowance during a payment period for a region is in prison or detained in a mental home or the Minister is satisfied that such person has neglected the children by virtue of the maintenance of whom on the qualifying date in relation to such period such person is so entitled, the Minister may direct the said children's allowance to be paid to such person as he thinks fit.

(6) A person shall not be entitled, otherwise than under subsection (4) or sub-section (5) of this section, to payment of more than one children's allowance in respect of any week.

4.—(1) There shall be established and maintained for the purposes of this Act a panel of such number of referees as the Minister for Finance may from time to time appoint.

(2) Every member of the panel of referees shall be appointed by the Minister for Finance and shall hold office during the pleasure of the said Minister.

(3) Members of the panel of referees shall be persons serving in the Civil Service.

5.—The Minister may, with the sanction of the Minister for Finance, appoint such and so many persons as he thinks proper to be investigation officers for the purposes of this Act.

6.—(1) Every investigation officer shall investigate into and report to the Minister upon any claim for or in respect of a children's allowance and any question arising on or in relation to a children's allowance which may be referred to him by the Minister, and may, for the purpose of such investigation and report, require any claimant for a children's allowance or any person in charge of a child in respect of whom the claim is based to furnish him with such information and to produce to him for inspection such documents relative to such claim as such investigation officer may reasonably require.

(2) If any person, being a claimant for a children's allowance or a person in charge of a child in respect of whom the claim is based, fails to furnish to an investigation officer such information as he is required by this section to furnish to such officer or to produce to an investigation officer for inspection such documents as he is required by this section to produce to such officer, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

7.—The Minister may appoint such and so many persons as he thinks proper to be deciding officers for the purposes of this Act, and every person so appointed shall hold office as such officer during the pleasure of the Minister.

8.—(1) Subject to the provisions of this Act and in accordance with regulations made thereunder, every claim for or in respect of a children's allowance shall be made to the Minister, and every question arising thereon or in relation thereto shall be determined by a deciding officer.

(2) If any claimant is dissatisfied by the award or decision of a deciding officer in respect of any children's allowance, the question shall, on application being made within the prescribed time, be referred to one or more referees selected by the Minister from the panel of referees.

(3) A deciding officer may, if he so thinks proper, instead of determining it himself, refer in the prescribed manner any question which falls to be determined by him under this section to one or more referees selected by the Minister from the panel of referees for the purpose.

(4) The decision of a referee or referees on any matter referred to him or them under this section shall, subject to the provisions of the next following section, be final and conclusive.

9.—(1) Subject to the provisions of this section, a deciding officer may, at any time and from time to time, revise any award made or decision given under the immediately preceding section if it appears to him that the award or decision was erroneous either in view of new facts which have been brought to his notice since the date on which it was made or given or by reason of some mistake having been made with respect to the law or the facts, and the provisions of this Act as to reference shall apply to such revised award or decision in the same manner as they apply as respects an original award or decision.

(2) The provisions of the immediately preceding sub-section shall not apply—

( a ) to an award or decision relating to a matter which has been referred to a referee or referees under the immediately preceding section, or

( b ) if the time for making an application to have the matter to which the award or decision relates referred to a referee or referees has not expired, or

( c ) to an award made by a deciding officer for the purpose of giving effect to a decision given by a referee or referees,

unless, in a case falling within paragraph (a) or paragraph (b) of this sub-section, the person on whose application the reference was made or who is entitled to apply to have the matter referred, as the case may be, consents.

(3) If, in any case in which a decision has been given by a referee or referees with respect to the matter referred to him or them under the immediately preceding section, it appears to the Minister that the referee or referees might properly be asked to reconsider the decision in view either of new facts which have been brought to his notice since the date on which the decision was given or any apparent inconsistency between the decision and any other decision subsequently given by a referee or referees, the Minister may direct that the matter shall be referred to the referee or referees for reconsideration, and in that case the referee or referees shall reconsider it accordingly.

(4) A revised award made or a revised decision given by a deciding officer under this section shall take effect as follows—

( a ) where by virtue of the revised award or decision a children's allowance will become payable to any person or a children's allowance will be increased, it shall take effect—

(i) if made or given by reason of a new fact having been brought to the notice of a deciding officer, as from the date on which the application for revision was made,

(ii) in any other case, as from the date on which the original award or the original decision took effect;

( b ) where by virtue of the revised award or decision a children's allowance will cease to be payable or be reduced, it shall take effect—

(i) if made or given owing to the original award or the original decision having been made or given by reason of any statement or representation (whether written or oral) which was to the knowledge of the person making it false or misleading in a material respect, as from the date on which the original award or the original decision took effect, or

(ii) in any other case, as from the date on which notice of the revised award or decision is given to the person concerned.

(5) Where a decision is revised under this section by a referee or referees, the revised decision and any award made for the purpose of giving effect thereto shall have effect from such date as the referee or referees may determine.

10.—A referee or referees shall on the hearing of any matter referred to him or them under this Act have power to take evidence on oath, and for that purpose such referee or, where there are two or more referees, any one of such referees may administer oaths to persons attending as witnesses at such hearing.

11.—(1) If it is found at any time that a person has been in receipt of a children's allowance during any payment period for a region during which such person was not entitled thereto, or has been in receipt of a children's allowance at a higher rate than that appropriate to the case, then such person or, in case such person is dead, the personal representative of such person, shall be liable to pay to the Minister on demand any sums paid to such person in respect of the children's allowance during such payment period or, as the case may be, a sum representing the difference between a children's allowance at the rate actually paid and a children's allowance at the rate appropriate to the case.

(2) Any sum payable by a person to the Minister under this section shall be a debt due by such person to the Minister and may be recovered by the Minister as a simple contract debt in a court of competent jurisdiction or by deduction from any payment or payments on account of a children's allowance to which such person subsequently becomes entitled.

(3) Every sum repaid or recovered by the Minister under this section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

(4) The foregoing provisions of this section shall apply with the necessary modifications in the case of a person to whom a children's allowance is paid under any of the provisions of this Act or regulations made thereunder and who is not the person to whom such children's allowance is granted.

12.—(1) Every person—

( a ) who, for the purpose of obtaining or continuing a children's allowance, either for himself or for any other person, or for the purpose of obtaining or continuing a children's allowance for himself or for any other person at a rate higher than that appropriate to the case, knowingly makes any statement or representation (whether written or oral) which is to his knowledge false or misleading in any material respect, or

( b ) who knowingly obtains payment of, or continues to receive, a children's allowance to which he is not entitled, or

( c ) who knowingly obtains or receives any payment as on account of a children's allowance which for any reason whatsoever is not payable to him,

shall be guilty of an offence under this section and shall be liable, on summary conviction thereof to a fine not exceeding twenty-five pounds or to imprisonment for any term not exceeding three months.

(2) The foregoing provisions of this section shall apply with the necessary modifications in the case of a person to whom a children's allowance is paid under any of the provisions of this Act or regulations made thereunder and who is not the person to whom such children's allowance is granted.

13.—Where, for the purposes of this Act, the age of any person is required to be proved by the production of a certificate of birth, any person shall, on presenting a written requisition, in such form and containing such particulars as may be directed by the Minister for Local Government and Public Health, and on payment of a fee of sixpence, be entitled to obtain a certified copy of the entry of the birth of that person in the register of births, under the hand of the registrar or superintendent registrar or other person having the custody thereof, and forms for such requisition shall on request be supplied without any charge by every registrar of births and by every superintendent registrar or other person having the custody of the register.

14.—(1) In assessing damages in any action under the Fatal Accidents Acts, 1846 to 1908, whether commenced before or after the passing of this Act, there shall not be taken into account any children's allowance.

(2) In computing the amount of compensation under sub-clause (ii) of clause (a) of paragraph (1) of the First Schedule to the Workmen's Compensation Act, 1906, or under Rules 2 or 4 of the Second Schedule to the Workmen's Compensation Act, 1934 (No. 9 of 1934), whether proceedings to recover such compensation have been commenced before or after the passing of this Act, there shall not be taken into account any children's allowance.

15.—(1) Income from a children's allowance shall not be reckoned—

( a ) as means for the purposes of—

(i) the Old Age Pensions Acts, 1908 to 1938, or

(ii) the Unemployment Assistance Acts, 1933 to 1940, or

(iii) the Widows' and Orphans' Pensions Acts, 1935 to 1940, or

( b ) for the purposes of any abatement provisions in any enactment relating to superannuation or pensions.

(2) In granting relief, otherwise than in an institution, to a person in receipt of or entitled to receive a children's allowance, a public assistance authority shall not take into consideration any such children's allowance payable, except so far as such children's allowance exceeds five shillings per week.

16.—(1) Every assignment of or charge on, and every agreement to assign or charge, a children's allowance shall be void and on the bankruptcy of any person entitled to a children's allowance the children's allowance shall not pass to any trustee or other person acting on account of the creditors.

(2) Any sums received by any person by way of a children's allowance shall not be included in calculating his means for the purposes of section 6 of the Debtors Act (Ireland), 1872.

17.—Every allowance book shall be deemed, for the purposes of the Pension Books (Prohibition of Alienation) Act, 1932 (No. 1 of 1932), to be a document to which the said last-mentioned Act applies, and the said last-mentioned Act shall be construed and have effect accordingly.

18.—A sum shall not be paid on account of a children's allowance if payment of the sum is not obtained within three months after the date on which it has become payable.

19.—(1) If in any respect any difficulty arises in bringing into operation this Act, the Minister, with the consent of the Minister for Finance, may by order do anything which appears to be necessary or expedient for bringing this Act into operation, and any such order may modify the provisions of this Act so far as may appear necessary or expedient for carrying the order into effect.

(2) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either House of the Oireachtas within the next subsequent twenty-one days on which such House has sat after the order is laid before it annulling such order, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.

(3) No order may be made under this section after the expiration of one year from the date of the passing of this Act.

20.—(1) The Minister may make regulations generally for carrying this Act into effect, and, without prejudice to the generality of the foregoing, in particular—

( a ) for prescribing the manner in which and the times at which children's allowances are to be paid;

( b ) for prescribing the procedure to be followed on references under this Act, and for applying for the purposes of any such reference any of the provisions of the Common Law Procedure Amendment Act (Ireland), 1856, and for excluding the application of any of the other provisions of that Act;

( c ) for enabling a person to whom a children's allowance is payable to nominate another person to receive the said children's allowance on behalf of the first-mentioned person;

( d ) for authorising in such cases as may be prescribed the payment of any sum by way of children's allowance during any period intervening between the making of any claim or the referring of any question and the final determination of the claim or question;

( e ) for providing that, notwithstanding anything contained in section 18 (which relates to time limit for obtaining payments on account of children's allowances) of this Act, but subject to the regulations—

(i) in the case of the death of a person who was in receipt of a children's allowance, payment may be made of any sum which became payable within three months before the date of his death on account of the children's allowance, but has not been paid, and

(ii) in the case of the death of a person who being entitled to a children's allowance had made a claim thereto, payment may be made of any sum which, if his claim had been allowed immediately before his death, would have become payable on account of the children's allowance up to the date of his death;

( f ) for providing that, subject to the regulations, probate or other proof of the title of the personal representatives of the deceased person may be dispensed with in the case of any such sum as is mentioned in the immediately preceding paragraph, and that any such sum may be paid or distributed to or among the persons appearing in manner provided by the regulations to be entitled to receive the said sum or any part thereof, either as being persons beneficially entitled thereto under any testamentary instrument or as next of kin, or as being creditors of the deceased person, or to or among any one or more of such persons exclusive of the others, or, in the case of any illegitimacy of the deceased person or any child of his, to or among such person or persons as may be directed by the regulations;

( g ) for prescribing any matter or thing referred to in this Act as prescribed or to be prescribed.

(2) Regulations under this section which provide for the payment of children's allowances through the Post Office shall be made with the consent of the Minister for Posts and Telegraphs.

21.—All expenses incurred in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

22.—This Act may be cited as the Children's Allowances Act, 1944 .